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TMI Blog2024 (8) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... .Ogun Steel Rolling Mills (P) Ltd. After due process of law, the original authority confirmed the duty demand against M/s.Ogun Steel Rolling Mills (P) Ltd. and confirmed penalty of Rs.5 lakhs on the appellant. Aggrieved by such order of imposing penalty, the appellants are now before the Tribunal. 2. The Ld. Counsel Ms. Varshini appeared and argued for the appellant. It is submitted that the main noticee viz. M/s.Ogun Steel Rolling Mills (P) Ltd. has settled the dispute by opting for Sabka Vishwas Scheme and have paid the duty. As per para-24 of the scheme, the penalty imposed requires to be set aside. In the present case, only because the appellant had not filed declaration under the scheme, the penalty imposed against them cannot sustain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e very same proceedings, cannot be denied relief of penalty merely because they have not filed declaration under the scheme. Relevant paras read as under : "9. We find that the relief available under the Scheme is provided under Section 124 which reads as follows: 124. Relief available under Scheme. -(1) Subject to the conditions specified in sub-section (2), the relief available to a declarant under this Scheme shall be calculated as follows: - (a) where the tax dues are relatable to a show cause notice or one or more appeals arising out of such notice which is pending as on the 30th day of June, 2019, and if the amount of duty is, - (i) rupees fifty lakhs or less, then, seventy per cent. of the tax dues; (ii) more than rupees fift ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the main party has already been discharged and obtained Form-4, in that circumstance, we waive the penalty imposed on the appellant and allow the appeal with consequential relief, if any."The Conclusion by the Tribunal in other cases as cited by the appellants was also similar. ... .... 12. In view of the above, we find that the benefit of the Scheme cannot be denied to the appellants just because they did not file the declaration under SVLDR Scheme. Moreover, as for the submissions of the appellants and our discussion as above, the impugned order cannot be sustained on merits also as far as the imposition of penalty, on the appellants herein, is concerned. Therefore, all the appeals are allowed." 7. Taking note of the fact that the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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